Legal Question in Criminal Law in Tennessee
I bought a car in Tennessee from a tote the note place went to another state but fell 2 months behind.Now the owner is threatening to file felony charges for taking mortgaged goods across state lines.Have you ever heared of this?
1 Answer from Attorneys
Yes, here's the law:
39-14-116. Hindering secured creditors.
(a) A person who claims ownership of or interest in any property which is the subject of a security interest, security agreement, deed of trust, mortgage, attachment, judgment or other statutory or equitable lien commits an offense who, with intent to hinder enforcement of that interest or lien, destroys, removes, conceals, encumbers, transfers, or otherwise harms or reduces the value of the property.
(b) For purposes of this section, unless the context otherwise requires:
(1) "Remove" means transport, without the effective consent of the secured party, from the state or county in which the property was located when the security interest or lien attached; and
(2) "Security interest" means an interest in personal property or fixtures that secures payment or performance of an obligation.
(c) An offense under this section is a Class E felony.
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Notice that an element of the offense is "with the intent to hinder enforcement of the lien."
So if you took the car to another state because your job reassigned you there, and you do not hide either the car of the fact of your move, you are probably safe from criminal prosecution.
In plain terms, that means if you fall behind in the note and they lender says "bring the car back" then you must bring the car back. Or as a minimum you must tell the lender exactly where it is so they can come tow it away.
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